Plagiarism Today
JUNE 13, 2023
As companies look to make use of AI-generated content, they're also finding ways to mitigate the legal risks that come with it. The post Mitigating Copyright Dangers of Using AI Content appeared first on Plagiarism Today.
Intellectual Property Law Blog
JUNE 13, 2023
This case addresses pleading standards in view of contradicting factual assertions and a complaint’s disavowal of statements in an exhibit. Background Healthier Choices Management Corp. (“HCM”) sued Philip Morris for patent infringement accusing Philip’s “electronic nicotine delivery system” called the IQOS system. HCM’s patent claims an electronic smoking device, that includes a limitation that recites a “combustible material reservoir” that “initiat[es] a combustion reaction in the combustible
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Plagiarism Today
JUNE 13, 2023
YouTube settles case with composer, Marvel resolves copyright termination dispute, and Distrokid sued over handling of DMCA notices. The post 3 Count: Settling Down appeared first on Plagiarism Today.
Erik K Pelton
JUNE 13, 2023
The following is an edited transcript of my video Anatomy of an Appeal to the TT A B. Every year, a few hundred refusals from the Patent and Trademark Office on trademark applications end up getting appealed to the Trademark Trial and Appeal Board (TTAB). It’s a small percentage of the overall number of applications and of the overall number of refusals.
Speaker: Blackberry, OSS Consultants, & Revenera
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
TorrentFreak
JUNE 13, 2023
Strike 3 Holdings has been a familiar name in U.S. federal courts for a while now. Last year, the adult entertainment company filed a record-breaking number of lawsuits against alleged BitTorrent pirates. The company is keeping up this pace in 2023, averaging dozens of lawsuits per week. Most of these are never mentioned in the press and a large number are settled behind closed doors.
Erik K Pelton
JUNE 13, 2023
Learn more about the ways that our firm gives back and works to reduce its footprint, all while we continue to make trademarks bloom. The post EMP&A’s Seeds of Sustainability appeared first on Erik M Pelton & Associates, PLLC. Learn more about the ways that our firm gives back and works to reduce its footprint, all while we continue to make trademarks bloom.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
JUNE 13, 2023
Taco Bell is on the short list as one of my guilty (or not-so-guilty) pleasures. So, when the popular restaurant chain filed a cancellation action against the TACO TUESDAY trademark, I knew I had to write a piece about it. On May 16, 2023, Taco Bell filed a Petition for Cancellation of the trademark for TACO TUESDAY, which was registered by Spicy Seasonings, LLC in 1989 for “restaurant services.
Patently-O
JUNE 13, 2023
The U.S. Patent and Trademark Office (USPTO) has announced a call for nominations for membership in its esteemed Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC). These committees were established under the Patent and Trademark Office Efficiency Act in 1999 with the task of advising the Secretary of Commerce and the Under Secretary of Commerce for Intellectual Property on patent and trademark operations, including agency management, goals, performance, b
IP Watchdog
JUNE 13, 2023
Today, the International Trademark Association (INTA) published an amicus brief filed with the Court of Justice of the European Union (CJEU) in a case that should have major implications for the effects of Brexit on EU trademark law. INTA’s brief asks the CJEU to reverse a lower court’s decision and rule that the EU Intellectual Property Office (EUIPO) was correct in determining that UK trademark law can no longer provide a legal interest to sustain an opposition to an EU trademark application f
IP Tech Blog
JUNE 13, 2023
Reasoning that the form of a copyright registration does not really matter, the Ninth Circuit recently affirmed a district court’s ruling that real estate photography provider VHT was entitled to statutory damages for 2,700 photos infringed by Zillow even though VHT had registered all of the works at issue as part of a single database. Zillow argued that VHT should be held to its registration, i.e., that the infringement was of a single work for which VHT could obtain a single statutory damage a
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Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
JD Supra Law
JUNE 13, 2023
Establishing a successful clothing company presents numerous unique challenges and legal intricacies. To achieve lasting success, it is crucial to find the right balance between business, legal, and creative considerations. Here are some major considerations that shape the foundation of a thriving fashion business.
Velocity of Content
JUNE 13, 2023
Scientists in any discipline need to play the role of a data scientist in the process of their research, according to an information professional at a science advocacy nonprofit with whom I spoke recently. When she was hired, one of her initial remits was to build out the subscriptions licensing portfolio and to look at external information as more of a strategic resource.
IP Watchdog
JUNE 13, 2023
Taco Bell is on the short list as one of my guilty (or not-so-guilty) pleasures. So, when the popular restaurant chain filed a cancellation action against the TACO TUESDAY trademark, I knew I had to write a piece about it. On May 16, 2023, Taco Bell filed a Petition for Cancellation of the trademark for TACO TUESDAY, which was registered by Spicy Seasonings, LLC in 1989 for “restaurant services.
The Trichordist
JUNE 13, 2023
Maybe the reason Spotify can’t make a profit is because it is run by idiots.
Christopher Roser
JUNE 13, 2023
The flexible assembly line at Toyota is a well-known manufacturing approach. Such a flexibility gives Toyota the ability to produce different models in almost any sequence. These lines were already common at Toyota around 1990, and by now they are found at many car makers. Time to take a look at how it is done. Read more The post Flexible Multi-Model Assembly Line at Toyota first appeared on AllAboutLean.com.
JD Supra Law
JUNE 13, 2023
In Twitter, Inc. v. Taamneh, the Supreme Court unanimously held that social media companies are not liable for aiding and abetting the Islamic State of Iraq and Syria (ISIS) in its terrorist acts that victims claimed resulted from promoting terrorist content on social media platforms absent proof of “knowing and substantial assistance.”.
The TTABlog
JUNE 13, 2023
The Board rendered a split decision in this appeal from a Section 2(d) refusal of the mark LOVA for "Non-medicated facial serum; body oil; non-medicated body balm; hemp-infused cosmetic and bath products, namely, bath bombs; any hemp and CBD in the goods being solely derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis" in Class 3, and for hemp-infused candles (Class 4) and vape pens (Class 34).
IP Law 360
JUNE 13, 2023
Family members of late guitarist Mick Ronson are demanding a bench trial on their claim that a Connecticut instrument store no longer has the right to produce or market electric guitars inspired by the rocker's career, according to a new filing in a lightning-quick state court lawsuit.
IP Close Up
JUNE 13, 2023
Videos of the five panels and keynote from the 2023 Intellectual Property Awareness Summit – including Andrei Iancu’s compelling analysis of the power of IP Continue reading
IP Law 360
JUNE 13, 2023
The maker of popular quiz game "Black Card Revoked" has slapped Lionsgate Entertainment and others with a copyright suit in Ohio federal court over the upcoming Juneteenth horror film "The Blackening," arguing that the movie "directly" poaches themes and punchlines.
JD Supra Law
JUNE 13, 2023
On June 8, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Jack Daniel’s Properties, Inc. v. VIP Products LLC. The Court held that a heightened standard for trademark infringement applied by many courts where trademark uses serve artistic or expressive purposes — the so-called “Rogers test” — does not apply where an alleged infringer uses a trademark as a designation of source for the infringer’s own goods.
IP Law 360
JUNE 13, 2023
An Illinois federal judge has lowered spinal device maker Life Spine Inc.'s bond from $6 million to $4 million after granting its bid for a preliminary injunction in a trade secrets fight.
JD Supra Law
JUNE 13, 2023
In an opinion issued on June 5, 2023, the Federal Circuit provided a useful framework for overcoming obviousness rejections during patent prosecution, where a proposed modification to a prior art reference renders it unsatisfactory for its intended purpose. Appropriately applying this framework may provide a strong position against a motivation to combine references, or otherwise modify a prior art device in an obviousness rejection.
Copyright Alliance
JUNE 13, 2023
June marks the observance of love, unity, and revolution coursing throughout the history of the LGBTQ+ rights movement and community. Commemorating the Stonewall Uprising of June 28, 1969, Pride Month serves as […] The post Copyright, Pride, and Progress: Navigating Ownership, Representation, and Cultural Rights appeared first on Copyright Alliance.
JD Supra Law
JUNE 13, 2023
MEDTRONIC, INC. v. TELEFLEX INNOVATIONS - Before Moore, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: A close prima facie case of obviousness can be overcome by strong evidence of objective indicia of non-obviousness.
The Trichordist
JUNE 13, 2023
The YouTube Effect is a must see by documentarian Alex Winter, produced by Gale Anne Hurd.
JD Supra Law
JUNE 13, 2023
In Sanofi-Aventis Deutschland GmbH v. Mylan Pharm. Inc., Case No. 2021-1981, the Federal Circuit reversed an obviousness determination by the PTAB. At issue was Sanofi’s reissued U.S. Patent No. RE47,614 (the ’614 patent), directed to a drug delivery device. The PTAB had found Sanofi’s drug delivery patent to be obvious in view of three prior art references: Burren, Venezia, and de Gennes.
IP Watchdog
JUNE 13, 2023
Today, the International Trademark Association (INTA) published an amicus brief filed with the Court of Justice of the European Union (CJEU) in a case that should have major implications for the effects of Brexit on EU trademark law. INTA’s brief asks the CJEU to reverse a lower court’s decision and rule that the EU Intellectual Property Office (EUIPO) was correct in determining that UK trademark law can no longer provide a legal interest to sustain an opposition to an EU trademark application f
JD Supra Law
JUNE 13, 2023
Abstract - Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they are capable of producing computer-generated text and images that are difficult to differentiate from human-generated text and images. Similarly, evidentiary materials such as documents, videos and audio recordings that are AI-generated are becoming increasingly difficult to differentiate from those that are not AI-generated.
IP Watchdog
JUNE 13, 2023
Taco Bell is on the short list as one of my guilty (or not-so-guilty) pleasures. So, when the popular restaurant chain filed a cancellation action against the TACO TUESDAY trademark, I knew I had to write a piece about it. On May 16, 2023, Taco Bell filed a Petition for Cancellation of the trademark for TACO TUESDAY, which was registered by Spicy Seasonings, LLC in 1989 for “restaurant services.
JD Supra Law
JUNE 13, 2023
Close on the heels of the unanimous decision in Amgen v. Sanofi, the Supreme Court handed down another unanimous decision in Jack Daniel’s v. VIP Products. Justice Kagan wrote the opinion, with Justice Sotomayor and Justice Gorsuch adding concurring opinions.
IP Watchdog
JUNE 13, 2023
Today, the International Trademark Association (INTA) published an amicus brief filed with the Court of Justice of the European Union (CJEU) in a case that should have major implications for the effects of Brexit on EU trademark law. INTA’s brief asks the CJEU to reverse a lower court’s decision and rule that the EU Intellectual Property Office (EUIPO) was correct in determining that UK trademark law can no longer provide a legal interest to sustain an opposition to an EU trademark application f
JD Supra Law
JUNE 13, 2023
While both direct and indirect confusion occur in the real world, the use of this distinction in the legal test of a likelihood of confusion is unnecessary. Further, the requirement to explain a finding of indirect confusion (or a lack thereof) currently hinders the consistent and efficient application of trade mark law in the UK. Originally published in Thomson Reuters - June 9, 2023.
IP Watchdog
JUNE 13, 2023
Taco Bell is on the short list as one of my guilty (or not-so-guilty) pleasures. So, when the popular restaurant chain filed a cancellation action against the TACO TUESDAY trademark, I knew I had to write a piece about it. On May 16, 2023, Taco Bell filed a Petition for Cancellation of the trademark for TACO TUESDAY, which was registered by Spicy Seasonings, LLC in 1989 for “restaurant services.
JD Supra Law
JUNE 13, 2023
On May 18, 2023, the U.S. Supreme Court issued its first decision this century on copyright fair use in the artistic context. Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (2023). The 7-2 decision, authored by Justice Sonia Sotomayor, has the potential to significantly limit the amount of borrowing from and building upon copyrighted works permitted in the commercial space.
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